SB 97

Session
Regular Session 2018
Title
Nursing, Board of, anti-competitive rule making, immunity provided, Sec. 34-21-2.1 added
Description

Relating to the Board of Nursing; to add Section 34-21-2.1 to the Code of Alabama 1975, relating to the powers and duties of the Board of Nursing; to clarify rulemaking authority of the Board of Nursing regarding state and federal antitrust laws and to establish that anti-competitive rules which prioritize patient safety and wellness are permissible.

Subjects
Nursing, Board of
View Original PDF: SB 97 - Engrossed - PDF

Relating to the Board of Nursing; to add Section 34-21-2.1 to the Code of Alabama 1975, relating to the powers and duties of the Board of Nursing; to clarify rulemaking authority of the Board of Nursing regarding state and federal antitrust laws and to establish that anti-competitive rules which prioritize patient safety and wellness are permissible.

Section 1

Section 34-21-2.1 is added to the Code of Alabama 1975, to read as follows: §34-21-2.1. (a) The Legislature finds and declares all of the following: (1) The power to make rules regulating the practice of nursing includes the power to prohibit unlicensed persons from practicing nursing and the power to regulate how licensed persons practice nursing. (2) A primary goal of the provision of health care is to prioritize patient safety and wellness. (3) The State Board of Nursing is in the best position to determine the nursing practices that prioritize patient safety and wellness. (4) Prioritizing patient safety and wellness may sometimes be at odds with the goals of state and federal anti-trust laws, which include prioritizing competition and efficiency. (5) It is the intent of the Legislature in enacting this section to immunize the Board of Nursing and its members from liability under state and federal anti-trust laws for the adoption of a rule that prioritizes patient safety and wellness but may be anti-competitive. (b) Subject to subsection (c), rules adopted under Sections 34-21-2, 34-21-85, or 34-21-87 may define and regulate the practice of nursing in a way that prioritizes patient safety and wellness, even if the rule is anti-competitive. (c) A rule adopted under Section 34-21-2, 34-21-85, or 34-21-87 may supplement or clarify any statutory definition but may not conflict with any statute that defines the practice of nursing including, but not limited to, the definitions set forth in Sections 34-21-1 and 34-21-81. (d) Nothing in this section shall be construed to constrict or expand the current rights and privileges of any individual governed by the Board of Nursing beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct. 1101(2015). (e) Nothing in this section shall be construed to constrict or expand the current duties or responsibilities of the members of the Board of Nursing in any context outside of federal or state anti-trust immunity beyond that which existed prior to the ruling in the United States Supreme Court decision N.C. State Bd. of Dental Examiners v. FTC, 135 S.Ct. 1101(2015).

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 21, 2018HPending third reading on day 23 Favorable from Boards, Agencies and Commissions
March 21, 2018HRead for the second time and placed on the calendar
March 15, 2018HRead for the first time and referred to the House of Representatives committee on Boards, Agencies and Commissions
March 15, 2018SEngrossed
March 15, 2018SMotion to Read a Third Time and Pass adopted Roll Call 854
March 15, 2018SDial motion to Adopt adopted Roll Call 853
March 15, 2018SHealth and Human Services first Substitute Offered
March 15, 2018SThird Reading Passed
February 1, 2018SRead for the second time and placed on the calendar with 1 substitute and
January 9, 2018SRead for the first time and referred to the Senate committee on Health and Human Services
2018-03-15
Chamber: Senate
Result: Passed
2018-03-15
Chamber: Senate
Result: Passed